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13 May 2008, 1:35 pm
Genao-Sanchez, No. 05-1402 Sentence for drug conspiracy, conspiring to use a firearm in furtherance of a drug conspiracy, and aiding and abetting the commission of a crime, is vacated and remanded where: 1) the district court's failure to convene a new sentencing hearing deprived defendant the opportunity to argue his position both as to matters of fact relevant to sentencing, and as to the appropriate sentence to be imposed; and 2) thus, the error was prejudicial. [read post]